ELECTORAL ACT
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(c) for the purposes of elections for councillors, fix—
(i) a place or places at which, and a day or days, at least fourteen nor more than
twenty-one days after the day of publication of the proclamation, on which a
nomination court shall sit in terms of section to receive nominations of
candidates for election as councillor; and
(ii) a day or days, at least thirty nor more than sixty-three days after the last
nomination day fixed in terms of subparagraph (i), on which a poll shall be
taken if a poll becomes necessary.
Provided that day or days fixed for polling in terms of paragraphs (a)(ii), (b)(ii) and (c)(ii)
shall be the same for the Presidential election, general election and elections for the purposes of
elections for councillors.
[Subsection amended by s. 13 and s. 48 of Act No. 6 of 2014]
(2) The polling day or polling days fixed in terms of subsection (1) shall be deemed to be a
public holiday or public holidays, as the case may be, for the purposes of the Public Holidays
and Prohibition of Business [Chapter 10:21].
(3) For the purposes of the appointment and election of Senator Chiefs in terms of the
Constitution the President shall, in the proclamation referred to in subsection (1) and after
consultation with the Commission, fix the times and places at which and a day or days—
(a) between the date of publication of the proclamation and the day or the last day, of the
poll for the Presidential election fixed in terms of subsection (1)(a)(ii), on which—
(i) each provincial assembly of Chiefs referred to in section 35 of the Traditional
Leaders Act [Chapter 29:17], shall convene for the purpose of electing the
Council of Chiefs in terms of section 37 of the Traditional Leaders Act
[Chapter 29:17]; and
(ii) the Council of Chiefs referred to in section 37 of the Traditional Leaders Act
[Chapter 29:17] shall convene for the purpose of electing the President and the
Deputy President of the Council of Chiefs;
and
(b) being not earlier than the day or the last day, as the case may be, of the poll for the
Presidential election fixed in terms of subsection (1)(a)(ii) and not later than 48 hours
after the day or last day, as the case may be, of the election so fixed, on which the
electoral colleges shall meet in terms of Part X.
[Subsection amended by s. 48 of Act No. 6 of 2014]
(4) Subject to Chapter 7 of the Constitution, the President may, by further proclamation in
the Gazette, alter any day, time or place fixed in terms of subsection (1) or (3) and the day, time
or place as so altered shall be deemed to have been fixed in terms of the appropriate subsection.
[Section as substituted by s. 29 of Act No. 17 of 2007 and amended by s. 48 of Act No. 6 of 2014]
38A Designation of national and provincial political party office-bearers for
certain purposes and advance filing of certain documents in connection
with elections
(1) On any of the days in the period starting from the fourth day after the publication of the
election proclamation and ending two days before the sitting of the nomination court for the
party-list candidates, any political party contesting the election may—
(a) provide, through the head office of the Commission, to the provincial elections officer
of every province in which the political party is contesting the election, the names of at
least three national office-bearers of the party, any two of whom will be authorised to
make any countersignature required to be made for the purposes of Part XIA and
section 46 in any province in which the political party is contesting the election (that is
to say, any countersignature required in connection with the Senatorial party-list
candidates, the National Assembly constituency and party-list candidates, and the
provincial council party-list seats); and
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